The city may direct any person owning or maintaining facilities or structures in a public way to alter, modify, or relocate such facilities or structures as the city may require. Sewers, pipes, drains, tunnels, conduits, vaults, trash receptacles, and overhead and underground gas, electric, telephone, and communication facilities shall specifically be subject to such directives. Any directed by the city shall be based upon one of the following grounds: the facility or structure was installed, erected, or is being maintained contrary to law; the facility or structure constitutes a nuisance as defined under state statute or city ordinance; the authority under which the facility or structure was installed has expired or has been revoked; the facility or structure is not in conformity with public improvements proposed for the area; or the public way is about to be repaired or improved and such facilities or structures may pose a hindrance to construction.
Any person owning or maintaining facilities or structures in the public way who fails to alter, modify, or relocate such facilities or structures upon notice to do so by the city shall be guilty of a misdemeanor. All costs of alteration, modification, or relocation shall be borne by the person owning or maintaining the facilities or structures involved. (Ord. 402 § 29, 2003)